Govt appeals court ruling Malaba barring Malaba to continue as CJ

Harare, (New Ziana) – The government on Monday appealed against a High Court ruling barring Justice Luke Malaba from continuing in his post as Chief Justice under an extended tenure.

According to the Constitution, judges were allowed to work up to the age of 70. But this clause was however recently amended, increasing the retirement limit to 75.

Malaba turned 70 this past Saturday and had sought to have his tenure extended, benefitting from the recent changes.

President Emmerson Mnangagwa had approved the extension.

But Zimbabwe Human Rights NGO Forum director Musa Kika took the government to the courts over the matter, and a three-member panel of High Court judges led by Justice Happias Zhou, ruled the retirement extension was unconstitutional.

The trio, among other reasons, ruled the extension did not apply to incumbent Judges of the Supreme and Constitutional Court, effectively quashing Malaba’s hopes of retaining the post.

Government indicated it would appeal against the decision and on Monday separately filed its papers at the Supreme Court through the Attorney General and Minister of Justice, Legal and Parliamentary Affairs.

Justice Minister, Ziyambi Ziyambi cited eight reasons in which he argued the High Court “erred” in reaching its decision.

“The High Court erred in finding that the current Judges of the Supreme Court and of the Constitutional Court were not entitled to benefit under Section 186 of the Constitution of Zimbabwe (as amended) while at the same time finding that the extension of the tenure of judicial service was not a benefit denied to High Court Judges,” Ziyambi argues.

Meanwhile, lawyers representing Kika in the matter said on Monday they had written to the Judicial Services Commission, Judge President and Registrar of the High Court reporting Justice Minister Ziyambi Ziyambi for contempt of court.

In criticising the High Court decision, Ziyambi among other things, accused the High Court bench of being captured.

He claimed to have evidence which he was going to use “to expose” some High Court judges whom he said “were not dispensing justice according to what they are supposed to be doing.”

“The situation now in this country is that there is a risk of judicial capture where the Judiciary has been captured by certain elements both within and outside Zimbabwe who want to destabilise the Second Republic,” Ziyambi said.
New Ziana